Case Note & Summary
The dispute arose when the respondent, an employee in the Department of Examiner of Accounts, sought to alter his recorded date of birth in his service book. Initially, his date of birth was recorded as 9.3.1932 based on his S.S.L.C. Certificate. He applied for alteration in 1962, which was rejected in 1968 on the grounds that the correctness of his elder brother's date of birth was not established. After the Andhra Pradesh Public Employment (Recording and alteration of date of birth) Rules, 1984 came into force, he made another application for alteration, which was also rejected on the grounds of limitation. The respondent challenged this rejection before the Andhra Pradesh Administrative Tribunal, which directed the appellants to reconsider his application and declared Rule 5 of the 1984 Rules void due to repugnancy with Section 9 of the Births, Deaths and Marriages Registration Act, 1886. The State appealed against this decision. The court held that Rule 4 of the 1984 Rules prohibits reopening of final decisions regarding date of birth alterations made prior to its enforcement. The respondent's previous application had been conclusively decided in 1968, thus he was not entitled to claim alteration under the new rules. Furthermore, the court clarified that Rule 5 does not bar consideration of other materials only if the date of birth was not based on school records at the time of entry into service. Since the respondent's date of birth was recorded based on his S.S.L.C. Certificate, it was final. The court also ruled that there was no repugnancy between the state law and the central law, as they operate in different areas. Consequently, the appeal was allowed, and the Tribunal's order was set aside, with no order as to costs.
Headnote
A) Service Law - Date of Birth Alteration - Prohibition of Re-opening Final Decisions - Andhra Pradesh Public Employment (Recording and alteration of date of birth) Rules, 1984, Rule 4 - The court held that once a date of birth has been recorded and a request for alteration has been rejected, it cannot be reopened under the 1984 Rules. The respondent's previous application was rejected in 1968, thus he was not entitled to claim alteration after the enforcement of the 1984 Rules (Paras 372C-D). B) Service Law - Pending Applications - Consideration of Applications Based on School Records - Andhra Pradesh Public Employment (Recording and alteration of date of birth) Rules, 1984, Rule 5 - The court clarified that pending applications for alteration of date of birth must be considered based on school records at the time of entry into service. Since the respondent's date of birth was recorded based on his S.S.L.C. Certificate, it was deemed final and could not be altered (Paras 372F-G). C) Constitutional Law - Repugnancy - Legislative Powers of State vs. Union - Constitution of India, 1950, Article 254 - The court found no repugnancy between Rule 5 of the 1984 Rules and Section 9 of the Births, Deaths and Marriages Registration Act, 1886, as they operate in different areas. The Tribunal's view was deemed misconceived (Paras 373D-E; G).
Issue of Consideration
Whether the alteration of the respondent's date of birth was permissible after the enforcement of the 1984 Rules.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the Andhra Pradesh Administrative Tribunal, and upheld the rejection of the respondent's application for alteration of his date of birth.
Law Points
- Public Employment
- Date of Birth Alteration
- Repugnancy
- Service Law
- Legislative Powers
